Bills of Interest

Bills of Interest (Legislative Session 2021)

2021 bills are currently under review

Proposed alcohol-related legislation descriptions from California legislature

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law generally prohibits a licensee from giving any premium, gift, or free goods in connection with the sale or distribution of any alcoholic beverage, except as provided by departmental rules or as otherwise authorized. As an exception to this prohibition, existing law authorizes a beer manufacturer, without direct or indirect charge, to give up to 5 cases of retail advertising glassware to an on-sale retail licensee, per licensed location, each calendar year for use at the licensed location, as specified. The Alcoholic Beverage Control Act makes a violation of any of its provisions, for which another penalty or punishment is not specifically provided, a misdemeanor.

This bill, until January 1, 2025, would authorize specified licensees or their designated representatives, without direct or indirect charge, to give up to 12 retail advertising umbrellas to an on-sale retail licensee, per licensed location, each calendar year for use at the location. The bill would prohibit the retail advertising umbrellas from exceeding the value of $150 per unit and would prescribe other requirements in this regard. The bill would require the authorized licensees to file records related to the umbrellas provided to an on-sale retail licensee with the department within 30 days of their delivery and would require on-sale retail licensees to keep and maintain records for a 3-year period of all retail advertising umbrellas received, as specified. This bill would provide that any violation of these provisions is a misdemeanor, punishable as provided. Because the bill would expand the scope of a crime, it would impose a state-mandated local program.

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law authorizes the department to issue various types of licenses and prohibits a person from exercising the privilege which a licensee may exercise or performing under the authority of a license unless the person is authorized to do so by a license. Existing law authorizes a person holding an on-sale general license, with respect to beer and wine, and any on-sale license, with respect to the particular beverage or beverages mentioned in the license, to exercise the rights and privileges granted by an off-sale beer and wine license.

This bill would authorize a bona fide public eating place holding an on-sale general license or a bona fide public eating place holding an on-sale license for beer and wine to exercise additional off-sale rights and privileges, subject to specified requirements. The bill would repeal this authorization 2 years after the end of the state of emergency proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic. The bill would authorize a licensee to sell alcoholic beverages for off-sale consumption for which their license permits on-sale consumption if the beverages are in manufacturer prepackaged containers. Additionally, the bill would authorize a licensee to sell the alcoholic beverages for off-sale consumption for which their license permits on-sale consumption when the beverages are not in manufacturer prepackaged containers if specified conditions are met, including that the beverages be sold in conjunction with meals prepared for pickup or delivery, as specified, and be packaged in a container with a secure lid or cap. The bill would prohibit a licensee from selling more than 2 of these alcoholic beverages per each bona fide meal ordered. The bill would require the licensee to notify the department of its intent to sell pursuant to this authorization. The bill would prohibit containers of alcoholic beverages sold for off-sale consumption pursuant to either of these authorizations from exceeding 41/2 ounces of distilled spirits.

(1) Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law defines a licensed branch office with reference to certain winegrower and brandy manufacturer facilities for which a duplicate license has been issued. Existing law prohibits a winegrower or brandy manufacturer from selling wine or brandy to consumers, or engaging in winetasting activities, at more than one licensed branch premise. Existing law limits the effect of this prohibition in connection with other premises, as specified. Existing law generally provides that a violation of the Alcoholic Beverage Control Act is a misdemeanor.

This bill would revise the prohibition described above to allow a winegrower or brandy manufacturer to sell wine or brandy to consumers, or to engage in winetasting activities, at up to 2 licensed branch premises. By broadening the definition of a crime, this bill would impose a state-mandated local program. The bill would also make technical, clarifying changes.

This bill would impose a state-mandated local program by creating new crimes.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

This bill would make legislative findings and declarations as to the necessity of a special statute for the qualified cities.

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law prescribes a schedule of application and other fees for different license types and distinguishes between new licenses and duplicate licenses. Existing law authorizes the exchange of specified licenses, subject to the approval of the department, payment of a $100 exchange fee, and compliance with all other relevant provisions of the act.

This bill would authorize any person that has a brewpub-restaurant license to exchange that license for a bona fide public eating place license subject to the approval of the department, payment of a $100 exchange fee, compliance with other relevant provisions of the act relating to the issuance of an original license, and the payment of the fee required for a new permanent license for an on-sale general eating place. The bill would specify that these provisions apply only to a person that has held a brewpub-restaurant license as of December 31, 2019. The bill would authorize the department to adjust the fee required for the exchange of the license, as specified. The bill would authorize the department to designate a license issued pursuant to these provisions as a on-sale general license for special use, as specified. The bill would prohibit a license issued pursuant to these provisions from being sold or transferred for an amount greater than a specified price.

(1) The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon alcoholic beverage licenses by the Department of Alcoholic Beverage Control. Existing law generally provides that a violation of the Alcoholic Beverage Control Act is a misdemeanor.

Existing law authorizes the issuance of a caterer’s permit, upon application to the department, to a licensee under an on-sale general license, an on-sale beer and wine license, a club license, or a veterans’ club license, that authorizes the holder of the permit to sell alcoholic beverages at specified locations and events, including, among others, conventions, sporting events, and trade exhibits.

This bill would prohibit the authorization of a catering permit for use at any one premises for more than 52 events in one calendar year, except as specified. The bill would, until July 1, 2023, authorize the Department of Alcoholic Beverage Control to, for 365 days from the date the COVID-19 state of emergency order is lifted, or longer if the licensee has a pending application for permanent expansion of their premises, allow licensees to continue to exercise license privileges in an expanded licensed area authorized pursuant to a COVID-19 temporary catering permit, as provided.

 (2) Existing law requires a licensee or its authorized agent to, at least 30 days prior to an event, apply to the department for a permit authorizing the event and provide specified information to the department, in addition to any other information required by the department.

This bill would instead require the application and specified information to be submitted 90 days prior to the event.

(3) Existing law, with exceptions, prohibits a licensee from having, upon the licensed premises, any alcoholic beverages other than the alcoholic beverage that the licensee is authorized to sell at the premises under their license, and makes a violation of this prohibition punishable as a misdemeanor.

This bill would, as an exception to that prohibition, authorize a licensed manufacturer to share a common licensed area with multiple licensed retailers, subject to specified provisions, including, (A) a licensee sharing the common licensed area with a licensed manufacturer is prohibited from selling or serving any alcoholic beverages that are manufactured, produced, bottled, processed, imported, rectified, distributed, represented, or sold by the manufacturer, as provided, (B) no thing of value may be given or furnished by the manufacturer to the retailers, except advertising or promotion, as provided, (C) the manufacturer may have on the area of its licensed premises that encompass the shared common licensed area alcoholic beverages that would not otherwise be permitted on the manufacturer’s licensed premises, as provided, (D) all licensees sharing the common licensed area are required to hold the same license type retailers, and (E) all licensees holding licenses within the shared common licensed area are jointly responsible for compliance with all laws that may subject their license to discipline.

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law authorizes the department to issue various types of licenses and prohibits a person from exercising the privilege which a licensee may exercise or performing under the authority of a license unless the person is authorized to do so by a license. Existing law authorizes a person holding an on-sale general license, with respect to beer and wine, and any on-sale license, with respect to the particular beverage or beverages mentioned in the license, to exercise the rights and privileges granted by an off-sale beer and wine license.

This bill would authorize the holder of a retail on-sale license or a licensed beer manufacturer that operates a bona fide eating place to exercise additional off-sale rights and privileges, subject to specified requirements. In this regard, the bill would authorize the licensee to sell alcoholic beverages for off-sale consumption for which their license permits on-sale consumption if the beverages are in manufacturer prepackaged containers. Additionally, the bill would authorize a licensee to sell the alcoholic beverages, except beer, for off-sale consumption for which their license permits on-sale consumption when the beverages are not in manufacturer prepackaged containers if specified conditions are met, including, among other things, that the beverages be packaged in a container with a secure lid or cap sealed in a manner designed to prevent consumption without removal of the lid or cap by breaking the seal.

(1) The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon alcoholic beverage licenses by the Department of Alcoholic Beverage Control. Existing law provides for various annual fees for the issuance of alcoholic beverage licenses, depending upon the type of license issued. Existing law additionally authorizes specified alcoholic beverage licensees to purchase advertising space and time from, or on behalf of, an on-sale retail licensee, under certain conditions, if the on-sale retail licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or major tenant of specified facilities.

This bill would authorize the department to issue a music venue license, as defined, that would allow the licensee to sell beer, wine, and distilled spirits at retail for consumption on the premises in a music entertainment facility, as defined. The bill would impose an original fee and an annual renewal fee for the license, which would be deposited in the Alcohol Beverage Control Fund. The bill would authorize an on-sale licensee to permit a person under 21 years of age into the music entertainment facility for a price of admission, as provided. The bill would authorize a person providing alcoholic beverage service at a music entertainment facility pursuant to another type of on-sale license as of the effective date of this bill to exchange that license for a music venue license or to transfer that license pursuant to applicable law.

(2) Under existing law, any person possessing an open container of an alcoholic beverage in any city, county, or city and county-owned public place, as specified, or any regional park or recreation and park district, is guilty of an infraction if the city or county has enacted an ordinance that prohibits the possession of those containers or the consumption of alcoholic beverages in those areas, except as specified.

Existing law, the Planning and Zoning Law, authorizes the legislative body of any city or county to adopt ordinances regulating zoning within its jurisdiction, as specified.

Existing law authorizes a licensed beer manufacturer, a licensed winegrower, and any on-sale licensee to sell certain alcoholic beverages for consumption on or off the premises, as specified.

This bill, additionally, would authorize a licensed beer manufacturer, a licensed winegrower, and any on-sale licensee to sell certain alcoholic beverages for consumption on the premises and off the premises within an entertainment zone, which the bill would define as a zone created by a city, county, or city and county ordinance on or after January 1, 2022, that authorizes consumption of one or more types of alcoholic beverages on public streets, sidewalks, or public rights-of-way in that zone.